Concern Over New Rule On Land Lease In Jammu And Kashmir

Numerous business proprietors in Jammu and Kashmir, including those managing hotels in the Gulmarg skiing resort, express concerns about potential closures following the enactment of a new land law in the Union Territory.

As per an official notification, the administration has directed these business owners to promptly surrender possession of leased land, with eviction being the consequence for non-compliance. Furthermore, the administration has opted not to renew leases for current lessees, instead opting to facilitate the process through online auctions.

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Opposition parties strongly criticize the administration’s implementation of the new law, contending that it aims to transfer land to outsiders, thus dispossessing local entrepreneurs. Former J&K Chief Minister Omar Abdullah asserts that natural justice dictates providing leaseholders the right to lease renewal, advocating for a fair determination of rates before taking any further steps.

Leaders from the National Conference and Peoples Conference express suspicions that the new law seeks to strip local leaseholders of their properties in favor of outsiders. Peoples Conference President Sajad Lone deems the rules inconsistent with national standards and predicts a troubling era of discrimination against Kashmiris.

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J&K Apni Party President Altaf Bukhari denounces the notification as draconian and inhumane, asserting that such laws are unprecedented globally. He insists on a more judicious approach to address land-related issues.

However, Lieutenant Governor Manoj Sinha defends the new laws, describing the previous land laws as regressive and not in the interest of the general population. He cites high litigation rates related to land disputes and emphasizes the need for reform.

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The J&K Land Grant Rules, 2022, have replaced the 1960 Land Grants Rules, specifying permissible land use for education, healthcare, tourism, skill development, and recreation. The rules also outline eligibility for land allocation to specific groups, such as ex-servicemen, war widows, and those affected by natural calamities.

The outgoing lessees under the new rules are entitled to compensation for structures erected on the leased land, provided they have adhered to the lease conditions. In Gulmarg, where 58 hotels and hutments operate on leased land, business owners argue that the decision will have severe ramifications, potentially leading to the closure of their establishments and adversely impacting the tourism sector. They highlight the significant investments made during challenging times to revive tourism in the region.